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90_HB1640sam002
SRS90HB1640KSawam04
1 AMENDMENT TO HOUSE BILL 1640
2 AMENDMENT NO. . Amend House Bill 1640, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning education, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The General Obligation Bond Act is amended
8 by changing Section 12 as follows:
9 (30 ILCS 330/12) (from Ch. 127, par. 662)
10 Sec. 12. Allocation of Proceeds from Sale of Bonds.
11 (a) Proceeds from the sale of Bonds, authorized by
12 Section 3 of this Act, shall be deposited in the separate
13 fund known as the Capital Development Fund.
14 (b) Proceeds from the sale of Bonds, authorized by
15 paragraph (a) of Section 4 of this Act, shall be deposited in
16 the separate fund known as the Transportation Bond, Series A
17 Fund.
18 (c) Proceeds from the sale of Bonds, authorized by
19 paragraphs (b) and (c) of Section 4 of this Act, shall be
20 deposited in the separate fund known as the Transportation
21 Bond, Series B Fund.
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1 (d) Proceeds from the sale of Bonds, authorized by
2 Section 5 of this Act, shall be deposited in the separate
3 fund known as the School Construction Fund, except that
4 proceeds from the sale of the additional $1,100,000,000 of
5 bonds authorized in subsection (e) of Section 5 pursuant to
6 this amendatory Act of 1997 shall be deposited into the
7 School Infrastructure Fund.
8 (e) Proceeds from the sale of Bonds, authorized by
9 Section 6 of this Act, shall be deposited in the separate
10 fund known as the Anti-Pollution Fund.
11 (f) Proceeds from the sale of Bonds, authorized by
12 Section 7 of this Act, shall be deposited in the separate
13 fund known as the Coal Development Fund.
14 (g) Proceeds from the sale of Bonds, authorized by
15 Section 8 of this Act, shall be deposited in the Capital
16 Development Fund.
17 (h) Subsequent to the issuance of any Bonds for the
18 purposes described in Sections 2 through 8 of this Act, the
19 Governor and the Director of the Bureau of the Budget may
20 provide for the reallocation of unspent proceeds of such
21 Bonds to any other purposes authorized under said Sections of
22 this Act, subject to the limitations on aggregate principal
23 amounts contained therein. Upon any such reallocation, such
24 unspent proceeds shall be transferred to the appropriate
25 funds as determined by reference to paragraphs (a) through
26 (g) of this Section.
27 (Source: P.A. 90-549, eff. 12-8-97.)
28 Section 10. The School Code is amended by changing
29 Sections 1C-2, 1D-1, 17-1.5, 18-8.05, 21-2, 21-2a, 21-4,
30 21-14, 24-11, and 24A-5 as follows:
31 (105 ILCS 5/1C-2)
32 Sec. 1C-2. Block grants.
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1 (a) For fiscal year 1999, and each fiscal year
2 thereafter, the State Board of Education shall award to
3 school districts block grants as described in subsections (b)
4 and (c). The State Board of Education may adopt rules and
5 regulations necessary to implement this Section. In
6 accordance with Section 2-3.32, all state block grants are
7 subject to an audit. Therefore, block grant receipts and
8 block grant expenditures shall be recorded to the appropriate
9 fund code.
10 (b) A Professional Development Block Grant shall be
11 created by combining the existing School Improvement Block
12 Grant and the REI Initiative. These funds shall be
13 distributed to school districts based on the number of
14 full-time certified instructional staff employed in the
15 district.
16 (c) An Early Childhood Education Block Grant shall be
17 created by combining the following programs: Preschool
18 Education, Parental Training and Prevention Initiative.
19 These funds shall be distributed to school districts and
20 other entities on a competitive basis. Eight percent of this
21 grant shall be used to fund programs for children ages 0-3.
22 (Source: P.A. 89-397, eff. 8-20-95; 90-548, eff. 1-1-98.)
23 (105 ILCS 5/1D-1)
24 Sec. 1D-1. Block grant funding.
25 (a) For fiscal year 1996 and each fiscal year
26 thereafter, the State Board of Education shall award to a
27 school district having a population exceeding 500,000
28 inhabitants a general education block grant and an
29 educational services block grant, determined as provided in
30 this Section, in lieu of distributing to the district
31 separate State funding for the programs described in
32 subsections (b) and (c). The provisions of this Section,
33 however, do not apply to any federal funds that the district
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1 is entitled to receive. In accordance with Section 2-3.32,
2 all block grants are subject to an audit. Therefore, block
3 grant receipts and block grant expenditures shall be recorded
4 to the appropriate fund code for the designated block grant.
5 (b) The general education block grant shall include the
6 following programs: REI Initiative, Preschool At Risk, K-6
7 Comprehensive Arts, School Improvement Support, Urban
8 Education, Scientific Literacy, Substance Abuse Prevention,
9 Second Language Planning, Staff Development, Outcomes and
10 Assessment, K-6 Reading Improvement, Truants' Optional
11 Education, Hispanic Programs, Agriculture Education, Gifted
12 Education, Parental Education, Prevention Initiative, Report
13 Cards, and Criminal Background Investigations.
14 Notwithstanding any other provision of law, all amounts paid
15 under the general education block grant from State
16 appropriations to a school district in a city having a
17 population exceeding 500,000 inhabitants shall be
18 appropriated and expended by the board of that district for
19 any of the programs included in the block grant or any of the
20 board's lawful purposes.
21 (c) The educational services block grant shall include
22 the following programs: Bilingual, Regular and Vocational
23 Transportation, State Lunch and Free Breakfast Program,
24 Special Education (Personnel, Extraordinary, Transportation,
25 Orphanage, Private Tuition), Summer School, Educational
26 Service Centers, and Administrator's Academy. This
27 subsection (c) does not relieve the district of its
28 obligation to provide the services required under a program
29 that is included within the educational services block grant.
30 It is the intention of the General Assembly in enacting the
31 provisions of this subsection (c) to relieve the district of
32 the administrative burdens that impede efficiency and
33 accompany single-program funding. The General Assembly
34 encourages the board to pursue mandate waivers pursuant to
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1 Section 2-3.25g.
2 (d) For fiscal year 1996 and each fiscal year
3 thereafter, the amount of the district's block grants shall
4 be determined as follows: (i) with respect to each program
5 that is included within each block grant, the district shall
6 receive an amount equal to the same percentage of the current
7 fiscal year appropriation made for that program as the
8 percentage of the appropriation received by the district from
9 the 1995 fiscal year appropriation made for that program, and
10 (ii) the total amount that is due the district under the
11 block grant shall be the aggregate of the amounts that the
12 district is entitled to receive for the fiscal year with
13 respect to each program that is included within the block
14 grant that the State Board of Education shall award the
15 district under this Section for that fiscal year.
16 (e) The district is not required to file any application
17 or other claim in order to receive the block grants to which
18 it is entitled under this Section. The State Board of
19 Education shall make payments to the district of amounts due
20 under the district's block grants on a schedule determined by
21 the State Board of Education.
22 (f) A school district to which this Section applies
23 shall report to the State Board of Education on its use of
24 the block grants in such form and detail as the State Board
25 of Education may specify.
26 (g) This paragraph provides for the treatment of block
27 grants under Article 1C for purposes of calculating the
28 amount of block grants for a district under this Section.
29 Those block grants under Article IC are, for this purpose,
30 treated as included in the amount of appropriation for the
31 various programs set forth in paragraph (b) above. The
32 appropriation in each current fiscal year for each block
33 grant under Article 1C shall be treated for these purposes as
34 appropriations for the individual program included in that
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1 block grant. The proportion of each block grant so allocated
2 to each such program included in it shall be the proportion
3 which the appropriation for that program was of all
4 appropriations for such purposes now in that block grant, in
5 fiscal 1995.
6 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
7 90-566, eff. 1-2-98.)
8 (105 ILCS 5/17-1.5)
9 Sec. 17-1.5. Limitation of administrative costs.
10 (a) It is the purpose of this Section to establish
11 limitations on the growth of administrative expenditures in
12 order to maximize the proportion of school district resources
13 available for the instructional program, building
14 maintenance, and safety services for the students of each
15 district.
16 (b) Definitions. For the purposes of this Section:
17 "Administrative expenditures" mean the annual
18 expenditures of school districts properly attributable to
19 expenditure functions defined by the rules of the State Board
20 of Education as: 2310 (Board of Education Services); 2320
21 (Executive Administration Services); 2330 (Special Area
22 Administration Services); 2490 (Other Support Services -
23 School Administration); 2510 (Direction of Business Support
24 Services); 2520 (Fiscal Services); 2570 (Internal Services);
25 and 2610 (Direction of Central Support Services); provided,
26 however, that "administrative expenditures" shall not include
27 early retirement or other pension system obligations required
28 by State law 2600 (Total Support Services - Central); and
29 all expenditures properly attributable for the Service Area
30 Direction of functions 2540 (Operations and Maintenance of
31 Plant Services), 2550 (Pupil Transportation Services), and
32 2560 (Food Services).
33 "Instructional expenditures" mean the annual expenditures
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1 of school districts properly attributable to expenditure
2 functions defined by the rules of the State Board of
3 Education as: 1100 (Regular Programs); 1200 (Special
4 Education Programs); 1250 (Educational Deprived/Remedial
5 Programs); 1300 (Adult/Continuing Education Programs); 1400
6 (Vocational Programs); 1500 (Interscholastic Programs); 1600
7 (Summer School Programs); 1650 (Gifted Programs); 1800
8 (Bilingual Programs); and 1900 (Truants' Alternative and
9 Optional Programs).
10 "School district" means all school districts having a
11 population of less than 500,000.
12 (c) For the 1998-99 school year and each school year
13 thereafter, each school district shall undertake budgetary
14 and expenditure control actions so that the increase in
15 administrative expenditures for that school year over the
16 prior school year does do not exceed the lesser of 5% or the
17 percentage increase in instructional expenditures for that
18 school year over the prior school year. School districts
19 with administrative expenditures per pupil in the 25th
20 percentile and below for all districts of the same type, as
21 defined by the State Board of Education, may waive the
22 limitation imposed under this Section for any year following
23 a public hearing and with the affirmative vote of at least
24 two-thirds of the members of the school board of the
25 district. Any district waiving the limitation shall notify
26 the State Board within 45 days of such action.
27 (d) School districts shall file with the State Board of
28 Education by November October 15, 1998 and by each November
29 October 15th thereafter a one-page report that lists (i) the
30 actual administrative expenditures and the actual
31 instructional expenditures for the prior year from the
32 district's audited Annual Financial Report, and (ii) the
33 projected administrative expenditures and the projected
34 instructional expenditures for the current year from the
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1 budget adopted by the school board pursuant to Section 17-1
2 of this Code.
3 If a school district that is ineligible to waive the
4 limitation imposed by subsection (c) of this Section by board
5 action exceeds the limitation solely because of circumstances
6 beyond the control of the district and the district has
7 exhausted all available and reasonable remedies to comply
8 with the limitation, the district may request a waiver
9 pursuant to Section 2-3.25g. The waiver application shall
10 specify the amount, nature, and reason for the relief
11 requested, as well as all remedies the district has exhausted
12 to comply with the limitation. Any emergency relief so
13 requested shall apply only to the specific school year for
14 which the request is made. The State Board of Education
15 shall analyze all such waivers submitted and shall recommend
16 that the General Assembly disapprove any such waiver
17 requested that is not due solely to circumstances beyond the
18 control of the district and for which the district has not
19 exhausted all available and reasonable remedies to comply
20 with the limitation. The State Superintendent shall have no
21 authority to impose any sanctions pursuant to this Section
22 for any expenditures for which a waiver has been requested
23 until such waiver has been reviewed by the General Assembly.
24 If the report and information required under this
25 subsection (d) are is not provided by the school district in
26 a timely manner, or are is initially or subsequently
27 determined by the State Superintendent of Education to be
28 incomplete or inaccurate, the State Superintendent shall
29 notify the district in writing of reporting deficiencies.
30 The school district shall, within 60 days of the notice,
31 address the reporting deficiencies identified. If the State
32 Superintendent does not receive a satisfactory response to
33 these reporting deficiencies within these 60 days, the next
34 payment of general State aid due the district under Section
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1 18-8 of this Code, and all subsequent payments, may be
2 withheld until the deficiencies have been addressed.
3 (e) If the State Superintendent determines that a school
4 district has failed to comply with the administrative
5 expenditure limitation imposed in subsection (c) of this
6 Section by adopting a budget in violation of the limitation
7 or by having actual administrative expenditures for the prior
8 year in excess of the limitation, the State Superintendent
9 shall notify the district of the violation and direct the
10 district to undertake corrective action to bring the
11 district's budget into compliance with the administrative
12 expenditure limitation. The district shall, within 60 days
13 of the notice, provide adequate assurance to the State
14 Superintendent that appropriate corrective actions have been
15 or will be taken. If the district fails to provide adequate
16 assurance or fails to undertake the necessary corrective
17 actions, the State Superintendent may impose progressive
18 sanctions against the district that may culminate in
19 withholding withhold all subsequent payments of general State
20 aid due the district under Section 18-8.05 18-8 of this Code
21 until the assurance is provided or the corrective actions
22 taken.
23 (f) The State Superintendent shall publish a list each
24 year of the school districts that violate the limitation
25 imposed by subsection (c) of this Section and a list of the
26 districts that waive the limitation by board action as
27 provided in subsection (c) of this Section. The State Board
28 of Education may recommend to the General Assembly and the
29 Governor any additional sanctions or remedial actions that
30 they determine necessary to deter non-compliance with the
31 limitation.
32 (Source: P.A. 90-548, eff. 1-1-98.)
33 (105 ILCS 5/18-8.05)
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1 (This Section may contain text from a Public Act with a
2 delayed effective date.)
3 Sec. 18-8.05. Basis for apportionment of general State
4 financial aid and supplemental general State aid to the
5 common schools for the 1998-1999 and subsequent school years.
6 (A) General Provisions.
7 (1) The provisions of this Section apply to the
8 1998-1999 and subsequent school years. The system of general
9 State financial aid provided for in this Section is designed
10 to assure that, through a combination of State financial aid
11 and required local resources, the financial support provided
12 each pupil in Average Daily Attendance equals or exceeds a
13 prescribed per pupil Foundation Level. This formula approach
14 imputes a level of per pupil Available Local Resources and
15 provides for the basis to calculate a per pupil level of
16 general State financial aid that, when added to Available
17 Local Resources, equals or exceeds the Foundation Level. The
18 amount of per pupil general State financial aid for school
19 districts, in general, varies in inverse relation to
20 Available Local Resources. Per pupil amounts are based upon
21 each school district's Average Daily Attendance as that term
22 is defined in this Section.
23 (2) In addition to general State financial aid, school
24 districts with specified levels or concentrations of pupils
25 from low income households are eligible to receive
26 supplemental general State financial aid grants as provided
27 pursuant to subsection (H). The supplemental State aid grants
28 provided for school districts under subsection (H) shall be
29 appropriated for distribution to school districts as part of
30 the same line item in which the general State financial aid
31 of school districts is appropriated under this Section.
32 (3) To receive financial assistance under this Section,
33 school districts are required to file claims with the State
34 Board of Education, subject to the following requirements:
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1 (a) Any school district which fails for any given
2 school year to maintain school as required by law, or to
3 maintain a recognized school is not eligible to file for
4 such school year any claim upon the Common School Fund.
5 In case of nonrecognition of one or more attendance
6 centers in a school district otherwise operating
7 recognized schools, the claim of the district shall be
8 reduced in the proportion which the Average Daily
9 Attendance in the attendance center or centers bear to
10 the Average Daily Attendance in the school district. A
11 "recognized school" means any public school which meets
12 the standards as established for recognition by the State
13 Board of Education. A school district or attendance
14 center not having recognition status at the end of a
15 school term is entitled to receive State aid payments due
16 upon a legal claim which was filed while it was
17 recognized.
18 (b) School district claims filed under this Section
19 are subject to Sections 18-9, 18-10, and 18-12, except as
20 otherwise provided in this Section.
21 (c) If a school district operates a full year
22 school under Section 10-19.1, the general State aid to
23 the school district shall be determined by the State
24 Board of Education in accordance with this Section as
25 near as may be applicable.
26 (d) (Blank). Claims for financial assistance under
27 this Section shall not be recomputed except as expressly
28 provided under this Section.
29 (4) Except as provided in subsections (H) and (L), the
30 board of any district receiving any of the grants provided
31 for in this Section may apply those funds to any fund so
32 received for which that board is authorized to make
33 expenditures by law.
34 School districts are not required to exert a minimum
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1 Operating Tax Rate in order to qualify for assistance under
2 this Section.
3 (5) As used in this Section the following terms, when
4 capitalized, shall have the meaning ascribed herein:
5 (a) "Average Daily Attendance": A count of pupil
6 attendance in school, averaged as provided for in
7 subsection (C) and utilized in deriving per pupil
8 financial support levels.
9 (b) "Available Local Resources": A computation of
10 local financial support, calculated on the basis Average
11 Daily Attendance and derived as provided pursuant to
12 subsection (D).
13 (c) "Corporate Personal Property Replacement
14 Taxes": Funds paid to local school districts pursuant to
15 "An Act in relation to the abolition of ad valorem
16 personal property tax and the replacement of revenues
17 lost thereby, and amending and repealing certain Acts and
18 parts of Acts in connection therewith", certified August
19 14, 1979, as amended (Public Act 81-1st S.S.-1).
20 (d) "Foundation Level": A prescribed level of per
21 pupil financial support as provided for in subsection
22 (B).
23 (e) "Operating Tax Rate": All school district
24 property taxes extended for all purposes, except
25 community college educational purposes for the payment of
26 tuition under Section 6-1 of the Public Community College
27 Act, Bond and Interest, Summer School, Rent, Capital
28 Improvement, and Vocational Education Building purposes.
29 (B) Foundation Level.
30 (1) The Foundation Level is a figure established by the
31 State representing the minimum level of per pupil financial
32 support that should be available to provide for the basic
33 education of each pupil in Average Daily Attendance. As set
34 forth in this Section, each school district is assumed to
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1 exert a sufficient local taxing effort such that, in
2 combination with the aggregate of general State financial aid
3 provided the district, an aggregate of State and local
4 resources are available to meet the basic education needs of
5 pupils in the district.
6 (2) For the 1998-1999 school year, the Foundation Level
7 of support is $4,225. For the 1999-2000 school year, the
8 Foundation Level of support is $4,325. For the 2000-2001
9 school year, the Foundation Level of support is $4,425.
10 (3) For the 2001-2002 school year and each school year
11 thereafter, the Foundation Level of support is $4,425 or such
12 greater amount as may be established by law by the General
13 Assembly.
14 (C) Average Daily Attendance.
15 (1) For purposes of calculating general State aid
16 pursuant to subsection (E), an Average Daily Attendance
17 figure shall be utilized. The Average Daily Attendance
18 figure for formula calculation purposes shall be the monthly
19 average of the actual number of pupils in attendance of each
20 school district, as further averaged for the best 3 months of
21 pupil attendance for each school district. In compiling the
22 figures for the number of pupils in attendance, school
23 districts and the State Board of Education shall, for
24 purposes of general State aid funding, conform attendance
25 figures to the requirements of subsection (F).
26 (2) The Average Daily Attendance figures utilized in
27 subsection (E) shall be the requisite attendance data for the
28 school year immediately preceding the school year for which
29 general State aid is being calculated.
30 (D) Available Local Resources.
31 (1) For purposes of calculating general State aid
32 pursuant to subsection (E), a representation of Available
33 Local Resources per pupil, as that term is defined and
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1 determined in this subsection, shall be utilized. Available
2 Local Resources per pupil shall include a calculated dollar
3 amount representing local school district revenues from local
4 property taxes and from Corporate Personal Property
5 Replacement Taxes, expressed on the basis of pupils in
6 Average Daily Attendance.
7 (2) In determining a school district's revenue from
8 local property taxes, the State Board of Education shall
9 utilize the equalized assessed valuation of all taxable
10 property of each school district as of September 30 of the
11 previous year. The equalized assessed valuation utilized
12 shall be obtained and determined as provided in subsection
13 (G).
14 (3) For school districts maintaining grades kindergarten
15 through 12, local property tax revenues per pupil shall be
16 calculated as the product of the applicable equalized
17 assessed valuation for the district multiplied by 3.00%, and
18 divided by the district's Average Daily Attendance figure.
19 For school districts maintaining grades kindergarten through
20 8, local property tax revenues per pupil shall be calculated
21 as the product of the applicable equalized assessed valuation
22 for the district multiplied by 2.30%, and divided by the
23 district's Average Daily Attendance figure. For school
24 districts maintaining grades 9 through 12, local property tax
25 revenues per pupil shall be the applicable equalized assessed
26 valuation of the district multiplied by 1.00% 1.20%, and
27 divided by the district's Average Daily Attendance figure.
28 (4) The Corporate Personal Property Replacement Taxes
29 paid to each school district during the calendar year 2 years
30 before the calendar year in which a school year begins,
31 divided by the Average Daily Attendance figure for that
32 district, shall be added to the local property tax revenues
33 per pupil as derived by the application of the immediately
34 preceding paragraph (3). The sum of these per pupil figures
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1 for each school district shall constitute Available Local
2 Resources as that term is utilized in subsection (E) in the
3 calculation of general State aid.
4 (E) Computation of General State Aid.
5 (1) For each school year, the amount of general State
6 aid allotted to a school district shall be computed by the
7 State Board of Education as provided in this subsection.
8 (2) For any school district for which Available Local
9 Resources per pupil is less than the product of 0.93 times
10 the Foundation Level, general State aid for that district
11 shall be calculated as an amount equal to the Foundation
12 Level minus Available Local Resources, multiplied by the
13 Average Daily Attendance of the school district.
14 (3) For any school district for which Available Local
15 Resources per pupil is equal to or greater than the product
16 of 0.93 times the Foundation Level and less than the product
17 of 1.75 times the Foundation Level, the general State aid per
18 pupil shall be a decimal proportion of the Foundation Level
19 derived using a linear algorithm. Under this linear
20 algorithm, the calculated general State aid per pupil shall
21 decline in direct linear fashion from 0.07 times the
22 Foundation Level for a school district with Available Local
23 Resources equal to the product of 0.93 times the Foundation
24 Level, to 0.05 times the Foundation Level for a school
25 district with Available Local Resources equal to the product
26 of 1.75 times the Foundation Level. The allocation of
27 general State aid for school districts subject to this
28 paragraph 3 shall be the calculated general State aid per
29 pupil figure multiplied by the Average Daily Attendance of
30 the school district.
31 (4) For any school district for which Available Local
32 Resources per pupil equals or exceeds the product of 1.75
33 times the Foundation Level, the general State aid for the
34 school district shall be calculated as the product of $218
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1 multiplied by the Average Daily Attendance of the school
2 district.
3 (F) Compilation of Average Daily Attendance.
4 (1) Each school district shall, by July 1 of each year,
5 submit to the State Board of Education, on forms prescribed
6 by the State Board of Education, attendance figures for the
7 school year that began in the preceding calendar year. The
8 attendance information so transmitted shall identify the
9 average daily attendance figures for each month of the school
10 year, except that any days of attendance in August shall be
11 added to the month of September and any days of attendance in
12 June shall be added to the month of May.
13 Except as otherwise provided in this Section, days of
14 attendance by pupils shall be counted only for sessions of
15 not less than 5 clock hours of school work per day under
16 direct supervision of: (i) teachers, or (ii) non-teaching
17 personnel or volunteer personnel when engaging in
18 non-teaching duties and supervising in those instances
19 specified in subsection (a) of Section 10-22.34 and paragraph
20 10 of Section 34-18, with pupils of legal school age and in
21 kindergarten and grades 1 through 12.
22 Days of attendance by tuition pupils shall be accredited
23 only to the districts that pay the tuition to a recognized
24 school.
25 (2) Days of attendance by pupils of less than 5 clock
26 hours of school shall be subject to the following provisions
27 in the compilation of Average Daily Attendance.
28 (a) Pupils regularly enrolled in a public school
29 for only a part of the school day may be counted on the
30 basis of 1/6 day for every class hour of instruction of
31 40 minutes or more attended pursuant to such enrollment.
32 (b) Days of attendance may be less than 5 clock
33 hours on the opening and closing of the school term, and
34 upon the first day of pupil attendance, if preceded by a
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1 day or days utilized as an institute or teachers'
2 workshop.
3 (c) A session of 4 or more clock hours may be
4 counted as a day of attendance upon certification by the
5 regional superintendent, and approved by the State
6 Superintendent of Education to the extent that the
7 district has been forced to use daily multiple sessions.
8 (d) A session of 3 or more clock hours may be
9 counted as a day of attendance (1) when the remainder of
10 the school day or at least 2 hours in the evening of that
11 day is utilized for an in-service training program for
12 teachers, up to a maximum of 5 days per school year of
13 which a maximum of 4 days of such 5 days may be used for
14 parent-teacher conferences, provided a district conducts
15 an in-service training program for teachers which has
16 been approved by the State Superintendent of Education;
17 or, in lieu of 4 such days, 2 full days may be used, in
18 which event each such day may be counted as a day of
19 attendance; and (2) when days in addition to those
20 provided in item (1) are scheduled by a school pursuant
21 to its school improvement plan adopted under Article 34
22 or its revised or amended school improvement plan adopted
23 under Article 2, provided that (i) such sessions of 3 or
24 more clock hours are scheduled to occur at regular
25 intervals, (ii) the remainder of the school days in which
26 such sessions occur are utilized for in-service training
27 programs or other staff development activities for
28 teachers, and (iii) a sufficient number of minutes of
29 school work under the direct supervision of teachers are
30 added to the school days between such regularly scheduled
31 sessions to accumulate not less than the number of
32 minutes by which such sessions of 3 or more clock hours
33 fall short of 5 clock hours. Any full days used for the
34 purposes of this paragraph shall not be considered for
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1 computing average daily attendance. Days scheduled for
2 in-service training programs, staff development
3 activities, or parent-teacher conferences may be
4 scheduled separately for different grade levels and
5 different attendance centers of the district.
6 (e) A session of not less than one clock hour
7 teaching of hospitalized or homebound pupils on-site or
8 by telephone to the classroom may be counted as 1/2 day
9 of attendance, however these pupils must receive 4 or
10 more clock hours of instruction to be counted for a full
11 day of attendance.
12 (f) A session of at least 4 clock hours may be
13 counted as a day of attendance for first grade pupils,
14 and pupils in full day kindergartens, and a session of 2
15 or more hours may be counted as 1/2 day of attendance by
16 pupils in kindergartens which provide only 1/2 day of
17 attendance.
18 (g) For children with disabilities who are below
19 the age of 6 years and who cannot attend 2 or more clock
20 hours because of their disability or immaturity, a
21 session of not less than one clock hour may be counted as
22 1/2 day of attendance; however for such children whose
23 educational needs so require a session of 4 or more clock
24 hours may be counted as a full day of attendance.
25 (h) A recognized kindergarten which provides for
26 only 1/2 day of attendance by each pupil shall not have
27 more than 1/2 day of attendance counted in any 1 day.
28 However, kindergartens may count 2 1/2 days of attendance
29 in any 5 consecutive school days. When a pupil attends
30 such a kindergarten for 2 half days on any one school
31 day, the pupil shall have the following day as a day
32 absent from school, unless the school district obtains
33 permission in writing from the State Superintendent of
34 Education. Attendance at kindergartens which provide for
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1 a full day of attendance by each pupil shall be counted
2 the same as attendance by first grade pupils. Only the
3 first year of attendance in one kindergarten shall be
4 counted, except in case of children who entered the
5 kindergarten in their fifth year whose educational
6 development requires a second year of kindergarten as
7 determined under the rules and regulations of the State
8 Board of Education.
9 (G) Equalized Assessed Valuation Data.
10 (1) For purposes of the calculation of Available Local
11 Resources required pursuant to subsection (D), the State
12 Board of Education shall secure from the Department of
13 Revenue the value as equalized or assessed by the Department
14 of Revenue of all taxable property of every school district
15 together with the applicable tax rate used in extending taxes
16 for the funds of the district as of September 30 of the
17 previous year.
18 This equalized assessed valuation, as adjusted further by
19 the requirements of this subsection, shall be utilized in the
20 calculation of Available Local Resources.
21 (2) The equalized assessed valuation in paragraph (1)
22 shall be adjusted, as applicable, in the following manner:
23 (a) For the purposes of calculating State aid under
24 this Section, with respect to any part of a school
25 district within a redevelopment project area in respect
26 to which a municipality has adopted tax increment
27 allocation financing pursuant to the Tax Increment
28 Allocation Redevelopment Act, Sections 11-74.4-1 through
29 11-74.4-11 of the Illinois Municipal Code or the
30 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
31 11-74.6-50 of the Illinois Municipal Code, no part of the
32 current equalized assessed valuation of real property
33 located in any such project area which is attributable to
34 an increase above the total initial equalized assessed
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1 valuation of such property shall be used as part of the
2 equalized assessed valuation of the district, until such
3 time as all redevelopment project costs have been paid,
4 as provided in Section 11-74.4-8 of the Tax Increment
5 Allocation Redevelopment Act or in Section 11-74.6-35 of
6 the Industrial Jobs Recovery Law. For the purpose of the
7 equalized assessed valuation of the district, the total
8 initial equalized assessed valuation or the current
9 equalized assessed valuation, whichever is lower, shall
10 be used until such time as all redevelopment project
11 costs have been paid.
12 (b) The real property equalized assessed valuation
13 for a school district shall be adjusted by subtracting
14 from the real property value as equalized or assessed by
15 the Department of Revenue for the district an amount
16 computed by dividing the amount of any abatement of taxes
17 under Section 18-170 of the Property Tax Code by 3.00%
18 for a district maintaining grades kindergarten through 12
19 or by 2.30% for a district maintaining grades
20 kindergarten through 8, or by 1.00% 1.20% for a district
21 maintaining grades 9 through 12 and adjusted by an amount
22 computed by dividing the amount of any abatement of taxes
23 under subsection (a) of Section 18-165 of the Property
24 Tax Code by the same percentage rates for district type
25 as specified in this subparagraph (c).
26 (H) Supplemental General State Aid.
27 (1) In addition to the general State aid a school
28 district is allotted pursuant to subsection (E), qualifying
29 school districts shall receive a grant, paid in conjunction
30 with a district's payments of general State aid, for
31 supplemental general State aid based upon the concentration
32 level of children from low-income households within the
33 school district. Supplemental State aid grants provided for
34 school districts under this subsection shall be appropriated
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1 for distribution to school districts as part of the same line
2 item in which the general State financial aid of school
3 districts is appropriated under this Section. For purposes of
4 this subsection, the term "Low-Income Concentration Level"
5 shall be the low-income eligible pupil count from the most
6 recently available federal census divided by the Average
7 Daily Attendance of the school district.
8 (2) Supplemental general State aid pursuant to this
9 subsection shall be provided as follows:
10 (a) For any school district with a Low Income
11 Concentration Level of at least 20% and less than 35%,
12 the grant for any school year shall be $800 multiplied by
13 the low income eligible pupil count.
14 (b) For any school district with a Low Income
15 Concentration Level of at least 35% and less than 50%,
16 the grant for the 1998-1999 school year shall be $1,100
17 multiplied by the low income eligible pupil count.
18 (c) For any school district with a Low Income
19 Concentration Level of at least 50% and less than 60%,
20 the grant for the 1998-99 school year shall be $1,500
21 multiplied by the low income eligible pupil count.
22 (d) For any school district with a Low Income
23 Concentration Level of 60% or more, the grant for the
24 1998-99 school year shall be $1,900 multiplied by the low
25 income eligible pupil count.
26 (e) For the 1999-2000 school year, the per pupil
27 amount specified in subparagraphs (b), (c), and (d),
28 immediately above shall be increased by $100 to $1,200,
29 $1,600, and $2,000, respectively.
30 (f) For the 2000-2001 school year, the per pupil
31 amounts specified in subparagraphs (b), (c) and (d)
32 immediately above shall be increased to $1,230, $1,640,
33 and $2,050, respectively.
34 (3) School districts with an Average Daily Attendance of
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1 more than 1,000 and less than 50,000 that qualify for
2 supplemental general State aid pursuant to this subsection
3 shall submit a plan to the State Board of Education prior to
4 October 30 of each year for the use of the funds resulting
5 from this grant of supplemental general State aid for the
6 improvement of instruction in which priority is given to
7 meeting the education needs of disadvantaged children. Such
8 plan shall be submitted in accordance with rules and
9 regulations promulgated by the State Board of Education.
10 (4) School districts with an Average Daily Attendance of
11 50,000 or more that qualify for supplemental general State
12 aid pursuant to this subsection shall be required to
13 distribute from funds available pursuant to this Section, no
14 less than $261,000,000 in accordance with the following
15 requirements:
16 (a) The required amounts shall be distributed to
17 the attendance centers within the district in proportion
18 to the number of pupils enrolled at each attendance
19 center who are eligible to receive free or reduced-price
20 lunches or breakfasts under the federal Child Nutrition
21 Act of 1966 and under the National School Lunch Act
22 during the immediately preceding school year.
23 (b) The distribution of these portions of
24 supplemental and general State aid among attendance
25 centers according to these requirements shall not be
26 compensated for or contravened by adjustments of the
27 total of other funds appropriated to any attendance
28 centers, and the Board of Education shall utilize funding
29 from one or several sources in order to fully implement
30 this provision annually prior to the opening of school.
31 (c) Each attendance center shall be provided by the
32 school district a distribution of noncategorical funds
33 and other categorical funds to which an attendance center
34 is entitled under law in order that the general State aid
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1 and supplemental general State aid provided by
2 application of this subsection supplements rather than
3 supplants the noncategorical funds and other categorical
4 funds provided by the school district to the attendance
5 centers.
6 (d) Any funds made available under this subsection
7 that by reason of the provisions of this subsection are
8 not required to be allocated and provided to attendance
9 centers may be used and appropriated by the board of the
10 district for any lawful school purpose.
11 (e) Funds received by an attendance center pursuant
12 to this subsection shall be used by the attendance center
13 at the discretion of the principal and local school
14 council for programs to improve educational opportunities
15 at qualifying schools through the following programs and
16 services: early childhood education, reduced class size
17 or improved adult to student classroom ratio, enrichment
18 programs, remedial assistance, attendance improvement and
19 other educationally beneficial expenditures which
20 supplement the regular and basic programs as determined
21 by the State Board of Education. Funds provided shall
22 not be expended for any political or lobbying purposes as
23 defined by board rule.
24 (f) Each district subject to the provisions of this
25 subdivision (H)(4) shall submit an acceptable plan to
26 meet the educational needs of disadvantaged children, in
27 compliance with the requirements of this paragraph, to
28 the State Board of Education prior to July 15 of each
29 year. This plan shall be consistent with the decisions of
30 local school councils concerning the school expenditure
31 plans developed in accordance with part 4 of Section
32 34-2.3. The State Board shall approve or reject the plan
33 within 60 days after its submission. If the plan is
34 rejected, the district shall give written notice of
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1 intent to modify the plan within 15 days of the
2 notification of rejection and then submit a modified plan
3 within 30 days after the date of the written notice of
4 intent to modify. Districts may amend approved plans
5 pursuant to rules promulgated by the State Board of
6 Education.
7 Upon notification by the State Board of Education
8 that the district has not submitted a plan prior to July
9 15 or a modified plan within the time period specified
10 herein, the State aid funds affected by that plan or
11 modified plan shall be withheld by the State Board of
12 Education until a plan or modified plan is submitted.
13 If the district fails to distribute State aid to
14 attendance centers in accordance with an approved plan,
15 the plan for the following year shall allocate funds, in
16 addition to the funds otherwise required by this
17 subsection, to those attendance centers which were
18 underfunded during the previous year in amounts equal to
19 such underfunding.
20 For purposes of determining compliance with this
21 subsection in relation to the requirements of attendance
22 center funding, each district subject to the provisions
23 of this subsection shall submit as a separate document by
24 December 1 of each year a report of expenditure data for
25 the prior year in addition to any modification of its
26 current plan. If it is determined that there has been a
27 failure to comply with the expenditure provisions of this
28 subsection regarding contravention or supplanting, the
29 State Superintendent of Education shall, within 60 days
30 of receipt of the report, notify the district and any
31 affected local school council. The district shall within
32 45 days of receipt of that notification inform the State
33 Superintendent of Education of the remedial or corrective
34 action to be taken, whether by amendment of the current
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1 plan, if feasible, or by adjustment in the plan for the
2 following year. Failure to provide the expenditure
3 report or the notification of remedial or corrective
4 action in a timely manner shall result in a withholding
5 of the affected funds.
6 The State Board of Education shall promulgate rules
7 and regulations to implement the provisions of this
8 subsection. No funds shall be released under this
9 subdivision (H)(4) to any district that has not submitted
10 a plan that has been approved by the State Board of
11 Education.
12 (I) General State Aid for Newly Configured School Districts.
13 (1) For a new school district formed by combining
14 property included totally within 2 or more previously
15 existing school districts, for its first year of existence
16 the general State aid and supplemental general State aid
17 calculated under this Section shall be computed for the new
18 district and for the previously existing districts for which
19 property is totally included within the new district. If the
20 computation on the basis of the previously existing districts
21 is greater, a supplementary payment equal to the difference
22 shall be made for the first 4 years of existence of the new
23 district.
24 (2) For a school district which annexes all of the
25 territory of one or more entire other school districts, for
26 the first year during which the change of boundaries
27 attributable to such annexation becomes effective for all
28 purposes as determined under Section 7-9 or 7A-8, the general
29 State aid and supplemental general State aid calculated under
30 this Section shall be computed for the annexing district as
31 constituted after the annexation and for the annexing and
32 each annexed district as constituted prior to the annexation;
33 and if the computation on the basis of the annexing and
34 annexed districts as constituted prior to the annexation is
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1 greater, a supplementary payment equal to the difference
2 shall be made for the first 4 years of existence of the
3 annexing school district as constituted upon such annexation.
4 (3) For 2 or more school districts which annex all of
5 the territory of one or more entire other school districts,
6 and for 2 or more community unit districts which result upon
7 the division (pursuant to petition under Section 11A-2) of
8 one or more other unit school districts into 2 or more parts
9 and which together include all of the parts into which such
10 other unit school district or districts are so divided, for
11 the first year during which the change of boundaries
12 attributable to such annexation or division becomes effective
13 for all purposes as determined under Section 7-9 or 11A-10,
14 as the case may be, the general State aid and supplemental
15 general State aid calculated under this Section shall be
16 computed for each annexing or resulting district as
17 constituted after the annexation or division and for each
18 annexing and annexed district, or for each resulting and
19 divided district, as constituted prior to the annexation or
20 division; and if the aggregate of the general State aid and
21 supplemental general State aid as so computed for the
22 annexing or resulting districts as constituted after the
23 annexation or division is less than the aggregate of the
24 general State aid and supplemental general State aid as so
25 computed for the annexing and annexed districts, or for the
26 resulting and divided districts, as constituted prior to the
27 annexation or division, then a supplementary payment equal to
28 the difference shall be made and allocated between or among
29 the annexing or resulting districts, as constituted upon such
30 annexation or division, for the first 4 years of their
31 existence. The total difference payment shall be allocated
32 between or among the annexing or resulting districts in the
33 same ratio as the pupil enrollment from that portion of the
34 annexed or divided district or districts which is annexed to
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1 or included in each such annexing or resulting district bears
2 to the total pupil enrollment from the entire annexed or
3 divided district or districts, as such pupil enrollment is
4 determined for the school year last ending prior to the date
5 when the change of boundaries attributable to the annexation
6 or division becomes effective for all purposes. The amount
7 of the total difference payment and the amount thereof to be
8 allocated to the annexing or resulting districts shall be
9 computed by the State Board of Education on the basis of
10 pupil enrollment and other data which shall be certified to
11 the State Board of Education, on forms which it shall provide
12 for that purpose, by the regional superintendent of schools
13 for each educational service region in which the annexing and
14 annexed districts, or resulting and divided districts are
15 located.
16 (3.5) Claims for financial assistance under this
17 subsection (I) shall not be recomputed except as expressly
18 provided under this Section.
19 (4) Any supplementary payment made under this subsection
20 (I) shall be treated as separate from all other payments made
21 pursuant to this Section.
22 (J) Supplementary Grants in Aid.
23 (1) Notwithstanding any other provisions of this
24 Section, the amount of the aggregate general State aid in
25 combination with supplemental general State aid under this
26 Section for which each school district is eligible for the
27 1998-1999 school year shall be no less than the amount of the
28 aggregate general State aid entitlement that was received by
29 the district under Section 18-8 (exclusive of amounts
30 received under subsections 5(p) and 5(p-5) of that Section)
31 for the 1997-98 school year, pursuant to the provisions of
32 that Section as it was then in effect. If a school district
33 qualifies to receive a supplementary payment made under this
34 subsection (J) for the 1998-1999 school year, the amount of
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1 the aggregate general State aid in combination with
2 supplemental general State aid under this Section which that
3 district is eligible to receive for each school year
4 subsequent to the 1998-1999 school year shall be no less than
5 the amount of the aggregate general State aid entitlement
6 that was received by the district under Section 18-8
7 (exclusive of amounts received under subsections 5(p) and
8 5(p-5) of that Section) for the 1997-1998 school year,
9 pursuant to the provisions of that Section as it was then in
10 effect.
11 (2) If, as provided in paragraph (1) of this subsection
12 (J), a school district is to receive aggregate general State
13 aid in combination with supplemental general State aid under
14 this Section for the 1998-99 school year, or for the 1998-99
15 school year and any subsequent school year, that in any such
16 school year is less than the amount of the aggregate general
17 State aid entitlement that the district received for the
18 1997-98 school year, the school district shall also receive,
19 from a separate appropriation made for purposes of this
20 subsection (J), a supplementary payment that is equal to the
21 amount of the difference in the aggregate State aid figures
22 as described in paragraph (1).
23 (3) (Blank). If the amount appropriated for
24 supplementary payments to school districts under this
25 subsection (J) is insufficient for that purpose, the
26 supplementary payments that districts are to receive under
27 this subsection shall be prorated according to the aggregate
28 amount of the appropriation made for purposes of this
29 subsection.
30 (K) Grants to Laboratory and Alternative Schools.
31 In calculating the amount to be paid to the governing
32 board of a public university that operates a laboratory
33 school under this Section or to any alternative school that
34 is operated by a regional superintendent, the State Board of
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1 Education shall require by rule such reporting requirements
2 as it deems necessary.
3 As used in this Section, "laboratory school" means a
4 public school which is created and operated by a public
5 university and approved by the State Board of Education. The
6 governing board of a public university which receives funds
7 from the State Board under this subsection (K) may not
8 increase the number of students enrolled in its laboratory
9 school from a single district, if that district is already
10 sending 50 or more students, except under a mutual agreement
11 between the school board of a student's district of residence
12 and the university which operates the laboratory school. A
13 laboratory school may not have more than 1,000 students,
14 excluding students with disabilities in a special education
15 program.
16 As used in this Section, "alternative school" means a
17 public school which is created and operated by a Regional
18 Superintendent of Schools and approved by the State Board of
19 Education. Such alternative schools may offer courses of
20 instruction for which credit is given in regular school
21 programs, courses to prepare students for the high school
22 equivalency testing program or vocational and occupational
23 training. A regional superintendent of schools may contract
24 with a school district or a public community college district
25 to operate an alternative school. An alternative school
26 serving more than one educational service region may be
27 established by the regional superintendents of schools of the
28 affected educational service regions.
29 Each laboratory and alternative school shall file, on
30 forms provided by the State Superintendent of Education, an
31 annual State aid claim which states the Average Daily
32 Attendance of the school's students by month. The best 3
33 months' Average Daily Attendance shall be computed for each
34 school. The general State aid entitlement shall be computed
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1 by multiplying the applicable Average Daily Attendance by the
2 Foundation Level as determined under this Section.
3 (L) Payments, Additional Grants in Aid and Other
4 Requirements.
5 (1) For a school district operating under the financial
6 supervision of an Authority created under Article 34A, the
7 general State aid otherwise payable to that district under
8 this Section, but not the supplemental general State aid,
9 shall be reduced by an amount equal to the budget for the
10 operations of the Authority as certified by the Authority to
11 the State Board of Education, and an amount equal to such
12 reduction shall be paid to the Authority created for such
13 district for its operating expenses in the manner provided in
14 Section 18-11. The remainder of general State school aid for
15 any such district shall be paid in accordance with Article
16 34A when that Article provides for a disposition other than
17 that provided by this Article.
18 (2) Impaction. Impaction payments shall be made as
19 provided for in Section 18-4.2.
20 (3) Summer school. Summer school payments shall be made
21 as provided in Section 18-4.3.
22 (M) Education Funding Advisory Board.
23 The Education Funding Advisory Board, hereinafter in this
24 subsection (M) referred to as the "Board", is hereby created.
25 The Board shall consist of 5 members who are appointed by the
26 Governor, by and with the advice and consent of the Senate.
27 The members appointed shall include representatives of
28 education, business, and the general public. One of the
29 members so appointed shall be designated by the Governor at
30 the time the appointment is made as the chairperson of the
31 Board. The initial members of the Board may be appointed any
32 time after the effective date of this amendatory Act of 1997.
33 The regular term of each member of the Board shall be for 4
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1 years from the third Monday of January of the year in which
2 the term of the member's appointment is to commence, except
3 that of the 5 initial members appointed to serve on the
4 Board, the member who is appointed as the chairperson shall
5 serve for a term that commences on the date of his or her
6 appointment and expires on the third Monday of January, 2002,
7 and the remaining 4 members, by lots drawn at the first
8 meeting of the Board that is held after all 5 members are
9 appointed, shall determine 2 of their number to serve for
10 terms that commence on the date of their respective
11 appointments and expire on the third Monday of January, 2001,
12 and 2 of their number to serve for terms that commence on the
13 date of their respective appointments and expire on the third
14 Monday of January, 2000. All members appointed to serve on
15 the Board shall serve until their respective successors are
16 appointed and confirmed. Vacancies shall be filled in the
17 same manner as original appointments. If a vacancy in
18 membership occurs at a time when the Senate is not in
19 session, the Governor shall make a temporary appointment
20 until the next meeting of the Senate, when he or she shall
21 appoint, by and with the advice and consent of the Senate, a
22 person to fill that membership for the unexpired term. If
23 the Senate is not in session when the initial appointments
24 are made, those appointments shall be made as in the case of
25 vacancies.
26 The Education Funding Advisory Board shall be deemed
27 established, and the initial members appointed by the
28 Governor to serve as members of the Board shall take office,
29 on the date that the Governor makes his or her appointment of
30 the fifth initial member of the Board, whether those initial
31 members are then serving pursuant to appointment and
32 confirmation or pursuant to temporary appointments that are
33 made by the Governor as in the case of vacancies.
34 The State Board of Education shall provide such staff
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1 assistance to the Education Funding Advisory Board as is
2 reasonably required for the proper performance by the Board
3 of its responsibilities.
4 For school years after the 2000-2001 school year, the
5 Education Funding Advisory Board, in consultation with the
6 State Board of Education, shall make recommendations as
7 provided in this subsection (M) to the General Assembly for
8 the foundation level under subdivision (B)(3) of this Section
9 and for the supplemental general State aid grant level under
10 subsection (H) of this Section for districts with high
11 concentrations of children from poverty. The recommended
12 foundation level shall be determined based on a methodology
13 which incorporates the basic education expenditures of
14 low-spending schools exhibiting high academic performance.
15 The Education Funding Advisory Board shall make such
16 recommendations to the General Assembly on January 1 of odd
17 numbered years, beginning January 1, 2001.
18 (N) General State Aid Adjustment Grant.
19 (1) Any school district subject to property tax
20 extension limitations as imposed under the provisions of the
21 Property Tax Extension Limitation Law shall be entitled to
22 receive, subject to the qualifications and requirements of
23 this subsection, a general State aid adjustment grant.
24 Eligibility for this grant shall be determined on an annual
25 basis and claims for grant payments shall be paid subject to
26 appropriations made specific to this subsection. For
27 purposes of this subsection the following terms shall have
28 the following meanings:
29 "Budget Year": The school year for which general State
30 aid is calculated and awarded under subsection (E).
31 "Current Year": The school year immediately preceding
32 the Budget Year.
33 "Base Tax Year": The property tax levy year used to
34 calculate the Budget Year allocation of general State aid.
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1 "Preceding Tax Year": The property tax levy year
2 immediately preceding the Base Tax Year.
3 "Extension Limitation Ratio": A numerical ratio,
4 certified by a school district's County Clerk, in which the
5 numerator is the Base Tax Year's tax extension amount
6 resulting from the Limiting Operating Tax Rate and the
7 denominator is the Preceding Tax Year's tax extension amount
8 resulting from the Limiting Operating Tax Rate.
9 "Limiting Rate": The limiting rate as defined in the
10 Property Tax Extension Limitation Law.
11 "Preliminary Tax Rate": The tax rate for all purposes
12 except bond and interest that would have been used to extend
13 those taxes absent the provisions of the Property Tax
14 Extension Limitation Law. "Operating Tax Rate": The
15 operating tax rate as defined in subsection (A).
16 (2) To qualify for a general State aid adjustment grant,
17 a school district must meet all of the following eligibility
18 criteria for each Budget Year for which a grant is claimed:
19 (a) (Blank). The Operating Tax Rate of the school
20 district in the Preceding Tax Year was at least 3.00% in
21 the case of a school district maintaining grades
22 kindergarten through 12, at least 2.30% in the case of a
23 school district maintaining grades kindergarten through
24 8, or at least 1.41% in the case of a school district
25 maintaining grades 9 through 12.
26 (b) The Preliminary Operating Tax Rate of the
27 school district for the Base Tax Year was reduced by the
28 Clerk of the County as a result of the requirements of
29 the Property Tax Extension Limitation Law.
30 (c) The Available Local Resources per pupil of the
31 school district as calculated pursuant to subsection (D)
32 using the Base Tax Year are less than the product of 1.75
33 times the Foundation Level for the Budget Year.
34 (d) The school district has filed a proper and
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1 timely claim for a general State aid adjustment grant as
2 required under this subsection.
3 (3) A claim for grant assistance under this subsection
4 shall be filed with the State Board of Education on or before
5 April January 1 of the Current Year for a grant for the
6 Budget Year. The claim shall be made on forms prescribed by
7 the State Board of Education and must be accompanied by a
8 written statement from the Clerk of the County, certifying:
9 (a) That the school district had has its
10 Preliminary Tax Rate extension for the Base Tax Year
11 reduced as a result of the Property Tax Extension
12 Limitation Law.
13 (b) (Blank). That the Operating Tax Rate of the
14 school district for the Preceding Tax Year met the tax
15 rate requirements of subdivision (N)(2) of this Section.
16 (c) The Extension Limitation Ratio as that term is
17 defined in this subsection.
18 (4) On or before August 1 of the Budget Year the State
19 Board of Education shall calculate, for all school districts
20 meeting the other requirements of this subsection, the amount
21 of the general State aid adjustment grant, if any, that the
22 school districts are eligible to receive in the Budget Year.
23 The amount of the general State aid adjustment grant shall be
24 calculated as follows:
25 (a) Determine the school district's general State
26 aid grant for the Budget Year as provided in accordance
27 with the provisions of subsection (E).
28 (b) Determine the school district's adjusted level
29 of general State aid by utilizing in the calculation of
30 Available Local Resources an equalized assessed valuation
31 that is the equalized assessed valuation that was used to
32 calculate the general State aid for the preceding fiscal
33 year of the Preceding Tax Year multiplied by the
34 Extension Limitation Ratio.
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1 (c) Subtract the sum derived in subparagraph (a)
2 from the sum derived in subparagraph (b). If the result
3 is a positive number, that amount shall be the general
4 State aid adjustment grant that the district is eligible
5 to receive.
6 (5) The State Board of Education shall in the Current
7 Year, based upon claims filed in the Current Year, recommend
8 to the General Assembly an appropriation amount for the
9 general State aid adjustment grants to be made in the Budget
10 Year.
11 (6) Claims for general State aid adjustment grants shall
12 be paid in a lump sum on or before January 1 of the Budget
13 Year only from appropriations made by the General Assembly
14 expressly for claims under this subsection. No such claims
15 may be paid from amounts appropriated for any other purpose
16 provided for under this Section. In the event that the
17 appropriation for claims under this subsection is
18 insufficient to meet all Budget Year claims for a general
19 State aid adjustment grant, the appropriation available shall
20 be proportionately prorated by the State Board of Education
21 amongst all districts filing for and entitled to payments.
22 (7) The State Board of Education shall promulgate the
23 required claim forms and rules necessary to implement the
24 provisions of this subsection.
25 (O) References.
26 (1) References in other laws to the various subdivisions
27 of Section 18-8 as that Section existed before its repeal and
28 replacement by this Section 18-8.05 shall be deemed to refer
29 to the corresponding provisions of this Section 18-8.05, to
30 the extent that those references remain applicable.
31 (2) References in other laws to State Chapter 1 funds
32 shall be deemed to refer to the supplemental general State
33 aid provided under subsection (H) of this Section.
34 (Source: P.A. 90-548, eff. 7-1-98.)
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1 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
2 Sec. 21-2. Grades of certificates.
3 (a) Until January 1, 1999, all certificates issued under
4 this Article shall be State certificates valid, except as
5 limited in Section 21-1, in every school district coming
6 under the provisions of this Act and shall be limited in time
7 and designated as follows: Provisional vocational
8 certificate, temporary provisional vocational certificate,
9 early childhood certificate, elementary school certificate,
10 special certificate, high school certificate, school service
11 personnel certificate, administrative certificate,
12 provisional certificate, and substitute certificate. The
13 requirement of student teaching under close and competent
14 supervision for obtaining a teaching certificate may be
15 waived by the State Teacher Certification Board upon
16 presentation to the Board by the teacher of evidence of 5
17 years successful teaching experience on a valid certificate
18 and graduation from a recognized institution of higher
19 learning with a bachelor's degree with not less than 120
20 semester hours and a minimum of 16 semester hours in
21 professional education.
22 (b) Initial Teaching Certificate. Beginning January 1,
23 1999, persons who (1) have completed an approved teacher
24 preparation program, (2) are recommended by an approved
25 teacher preparation program, (3) have successfully completed
26 the Initial Teaching Certification examinations required by
27 the State Board of Education, and (4) have met all other
28 criteria established by the State Board of Education in
29 consultation with the State Teacher Certification Board,
30 shall be issued an Initial Teaching Certificate valid for 4
31 years of teaching. Initial Teaching Certificates shall be
32 issued for categories corresponding to Early Childhood
33 Education, Elementary Education, and Secondary Education,
34 with special certification designations for Special
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1 Education, Bilingual Education, fundamental learning areas
2 (including Language Arts, Reading, Mathematics, Science,
3 Social Science, Physical Development and Health, Fine Arts,
4 and Foreign Language), and other areas designated by the
5 State Board of Education, in consultation with the State
6 Teacher Certification Board.
7 (c) Standard Certificate. Beginning January 1, 1999,
8 persons who (1) have completed 4 years of teaching with an
9 Initial Certificate, have successfully completed the Standard
10 Teaching Certificate examinations, and have met all other
11 criteria established by the State Board of Education in
12 consultation with the State Teacher Certification Board, or
13 (2) were issued teaching certificates prior to January 1,
14 1999 and are renewing those certificates after January 1,
15 1999, shall be issued a Standard Certificate valid for 5
16 years, which may be renewed thereafter every 5 years by the
17 State Teacher Certification Board based on proof of
18 continuing education or professional development. Standard
19 Certificates shall be issued for categories corresponding to
20 Early Childhood Education, Elementary Education, and
21 Secondary Education, with special certification designations
22 for Special Education, Bilingual Education, fundamental
23 learning areas (including Language Arts, Reading,
24 Mathematics, Science, Social Science, Physical Development
25 and Health, Fine Arts, and Foreign Language), and other areas
26 designated by the State Board of Education, in consultation
27 with the State Teacher Certification Board.
28 (d) Master Certificate. Beginning January 1, 1999,
29 persons who have successfully achieved National Board
30 certification through the National Board for Professional
31 Teaching Standards shall be issued a Master Certificate,
32 valid for 7 years and renewable thereafter every 7 years
33 through compliance with requirements set forth by the State
34 Board of Education.
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1 (Source: P.A. 90-548, eff. 1-1-98.)
2 (105 ILCS 5/21-2a) (from Ch. 122, par. 21-2a)
3 Sec. 21-2a. Required instruction curriculum for all
4 teachers. After September 1, 1981 and until January 1, 1999,
5 in addition to all other requirements, the successful
6 completion of course work which includes instruction on the
7 psychology of the exceptional child, the identification of
8 the exceptional child, including, but not limited to the
9 learning disabled and methods of instruction for the
10 exceptional child, including, but not limited to the learning
11 disabled shall be a prerequisite to a person receiving any of
12 the following certificates: early childhood, elementary,
13 special and high school.
14 After January 1, 1999, the State Board of Education shall
15 ensure that the curriculum for all approved teacher
16 preparation programs includes, and that all prospective
17 teachers pursuing Early Childhood Education, Elementary
18 Education, or Secondary Education certificates receive,
19 instruction on the psychology of, the identification of, and
20 the methods of instruction for the exceptional child,
21 including without limitation the learning disabled. This
22 instruction on exceptional children may be provided in one
23 concentrated course or may be integrated among other courses
24 within the teacher preparation program as shall be determined
25 by the State Board of Education.
26 (Source: P.A. 90-548, eff. 1-1-98.)
27 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4)
28 Sec. 21-4. Special certificate.
29 (a) A special certificate shall be valid for 4 years for
30 teaching the special subjects named therein in all grades of
31 the common schools. Subject to the provisions of Section
32 21-1a, it shall be issued to persons who have graduated from
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1 a recognized institution of higher learning with a bachelor's
2 degree and with not fewer than 120 semester hours including a
3 minimum of 16 semester hours in professional education, 5 of
4 which shall be in student teaching under competent and close
5 supervision. When the holder of such certificate has earned a
6 master's degree, including eight semester hours of graduate
7 professional education from a recognized institution of
8 higher learning and with two years' teaching experience, it
9 may be endorsed for supervision.
10 Such persons shall be recommended for the special
11 certificate by a recognized institution as having completed
12 an approved program of preparation which includes academic
13 and professional courses approved by the State Superintendent
14 of Education in consultation with the State Teacher
15 Certification Board.
16 (b) Beginning January 1, 1999, special certification
17 designations shall be issued for Special Education, Bilingual
18 Education, fundamental learning areas (Language Arts,
19 Reading, Mathematics, Science, Social Science, Physical
20 Development and Health, Fine Arts, and Foreign Language), and
21 other areas designated by the State Board of Education, to
22 persons who meet all of the criteria established by the State
23 Board of Education, in consultation with the State Teacher
24 Certification Board.
25 (c) Nothing in this Section shall be construed to
26 adversely affect the rights of any person presently
27 certificated or any person whose certification is currently
28 pending pursuant to subsections (a) and (b) of this Section.
29 Specifically, these persons shall, after January 1, 1999, be
30 issued Standard Elementary and Standard Secondary
31 Certificates with appropriate special certification
32 designations as determined by the State Board of Education,
33 in consultation with the State Teacher Certification Board,
34 pursuant to subsection (b) of this Section and consistent
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1 with rules adopted by the State Board of Education. These
2 certificates shall be renewed as provided in subsection (c)
3 of Section 21-2.
4 (Source: P.A. 90-548, eff. 1-1-98.)
5 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
6 Sec. 21-14. Registration and renewal of certificates.
7 (a) A limited four-year certificate or a certificate
8 issued after July 1, 1955, shall be renewable at its
9 expiration or within 60 days thereafter by the county
10 superintendent of schools having supervision and control over
11 the school where the teacher is teaching upon certified
12 evidence of meeting the requirements for renewal as required
13 by this Act and prescribed by the State Board of Education in
14 consultation with the State Teacher Certification Board. An
15 elementary supervisory certificate shall not be renewed at
16 the end of the first four-year period covered by the
17 certificate unless the holder thereof has filed certified
18 evidence with the State Teacher Certification Board that he
19 has a master's degree or that he has earned 8 semester hours
20 of credit in the field of educational administration and
21 supervision in a recognized institution of higher learning.
22 The holder shall continue to earn 8 semester hours of credit
23 each four-year period until such time as he has earned a
24 master's degree.
25 All certificates not renewed or registered as herein
26 provided shall lapse after a period of 4 years from the
27 expiration of the last year of registration. Such
28 certificates may be reinstated for a one year period upon
29 payment of all accumulated registration fees. Such
30 reinstated certificates shall only be renewed: (1) by earning
31 5 semester hours of credit in a recognized institution of
32 higher learning in the field of professional education or in
33 courses related to the holder's contractual teaching duties;
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1 or (2) by presenting evidence of holding a valid regular
2 certificate of some other type. Any certificate may be
3 voluntarily surrendered by the certificate holder. A
4 voluntarily surrendered certificate shall be treated as a
5 revoked certificate.
6 (b) When those teaching certificates issued before
7 January 1, 1999 are renewed for the first time after January
8 1, 1999, all such teaching certificates shall be exchanged
9 for Standard Teaching Certificates as provided in subsection
10 (c) of Section 21-2. All Initial and Standard Teaching
11 Certificates, including those issued to persons who
12 previously held teaching certificates issued before January
13 1, 1999, shall be renewable under the conditions set forth in
14 this subsection (b).
15 Initial Teaching Certificates are valid for 4 years and
16 are nonrenewable and are valid for 4 years of teaching.
17 Standard Teaching Certificates are renewable every 5 years as
18 provided in subsection (c) of Section 21-2.
19 (Source: P.A. 90-548, eff. 1-1-98.)
20 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
21 Sec. 24-11. Boards of Education - Boards of School
22 Inspectors - Contractual continued service. As used in this
23 and the succeeding Sections of this Article:
24 "Teacher" means any or all school district employees
25 regularly required to be certified under laws relating to the
26 certification of teachers.
27 "Board" means board of directors, board of education, or
28 board of school inspectors, as the case may be.
29 "School term" means that portion of the school year, July
30 1 to the following June 30, when school is in actual session.
31 This Section and Sections 24-12 through 24-16 of this
32 Article apply only to school districts having less than
33 500,000 inhabitants.
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1 Any teacher who has been employed in any district as a
2 full-time teacher for a probationary period of 2 consecutive
3 school terms shall enter upon contractual continued service
4 unless given written notice of dismissal stating the specific
5 reason therefor, by certified mail, return receipt requested
6 by the employing board at least 45 days before the end of
7 such period; except that for a teacher who is first employed
8 as a full-time teacher by a school district on or after
9 January 1, 1998 and who has not before that date already
10 entered upon contractual continued service in that district,
11 the probationary period shall be 4 consecutive school terms
12 before the teacher shall enter upon contractual continued
13 service. For the purpose of determining contractual
14 continued service, the first probationary year shall be any
15 full-time employment from a date before November 1 through
16 the end of the school year. If, however, a teacher who was
17 first employed prior to January 1, 1998 has not had one
18 school term of full-time teaching experience before the
19 beginning of a probationary period of 2 consecutive school
20 terms, the employing board may at its option extend the
21 probationary period for one additional school term by giving
22 the teacher written notice by certified mail, return receipt
23 requested, at least 45 days before the end of the second
24 school term of the period of 2 consecutive school terms
25 referred to above. This notice must state the reasons for
26 the one year extension and must outline the corrective
27 actions that the teacher must take to satisfactorily complete
28 probation. The changes made by this amendatory Act of 1998
29 are declaratory of existing law.
30 Any full-time teacher who is not completing the last year
31 of the probationary period described in the preceding
32 paragraph, or any teacher employed on a full-time basis not
33 later than January 1 of the school term, shall receive
34 written notice from the employing board at least 45 days
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1 before the end of any school term whether or not he will be
2 re-employed for the following school term. If the board fails
3 to give such notice, the employee shall be deemed reemployed,
4 and not later than the close of the then current school term
5 the board shall issue a regular contract to the employee as
6 though the board had reemployed him in the usual manner.
7 Contractual continued service shall continue in effect
8 the terms and provisions of the contract with the teacher
9 during the last school term of the probationary period,
10 subject to this Act and the lawful regulations of the
11 employing board. This Section and succeeding Sections do not
12 modify any existing power of the board except with respect to
13 the procedure of the discharge of a teacher and reductions in
14 salary as hereinafter provided. Contractual continued service
15 status shall not restrict the power of the board to transfer
16 a teacher to a position which the teacher is qualified to
17 fill or to make such salary adjustments as it deems
18 desirable, but unless reductions in salary are uniform or
19 based upon some reasonable classification, any teacher whose
20 salary is reduced shall be entitled to a notice and a hearing
21 as hereinafter provided in the case of certain dismissals or
22 removals.
23 The employment of any teacher in a program of a special
24 education joint agreement established under Section 3-15.14,
25 10-22.31 or 10-22.31a shall be under this and succeeding
26 Sections of this Article. For purposes of attaining and
27 maintaining contractual continued service and computing
28 length of continuing service as referred to in this Section
29 and Section 24-12, employment in a special educational joint
30 program shall be deemed a continuation of all previous
31 certificated employment of such teacher for such joint
32 agreement whether the employer of the teacher was the joint
33 agreement, the regional superintendent, or one of the
34 participating districts in the joint agreement.
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1 Any teacher employed after July 1, 1987 as a full-time
2 teacher in a program of a special education joint agreement,
3 whether the program is operated by the joint agreement or a
4 member district on behalf of the joint agreement, for a
5 probationary period of two consecutive years shall enter upon
6 contractual continued service in all of the programs
7 conducted by such joint agreement which the teacher is
8 legally qualified to hold; except that for a teacher who is
9 first employed on or after January 1, 1998 in a program of a
10 special education joint agreement and who has not before that
11 date already entered upon contractual continued service in
12 all of the programs conducted by the joint agreement that the
13 teacher is legally qualified to hold, the probationary period
14 shall be 4 consecutive years before the teacher enters upon
15 contractual continued service in all of those programs. In
16 the event of a reduction in the number of programs or
17 positions in the joint agreement, the teacher on contractual
18 continued service shall be eligible for employment in the
19 joint agreement programs for which the teacher is legally
20 qualified in order of greater length of continuing service in
21 the joint agreement unless an alternative method of
22 determining the sequence of dismissal is established in a
23 collective bargaining agreement. In the event of the
24 dissolution of a joint agreement, the teacher on contractual
25 continued service who is legally qualified shall be assigned
26 to any comparable position in a member district currently
27 held by a teacher who has not entered upon contractual
28 continued service or held by a teacher who has entered upon
29 contractual continued service with shorter length of
30 contractual continued service.
31 The governing board of the joint agreement, or the
32 administrative district, if so authorized by the articles of
33 agreement of the joint agreement, rather than the board of
34 education of a school district, may carry out employment and
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1 termination actions including dismissals under this Section
2 and Section 24-12.
3 For purposes of this and succeeding Sections of this
4 Article, a program of a special educational joint agreement
5 shall be defined as instructional, consultative, supervisory,
6 administrative, diagnostic, and related services which are
7 managed by the special educational joint agreement designed
8 to service two or more districts which are members of the
9 joint agreement.
10 Each joint agreement shall be required to post by
11 February 1, a list of all its employees in order of length of
12 continuing service in the joint agreement, unless an
13 alternative method of determining a sequence of dismissal is
14 established in an applicable collective bargaining agreement.
15 The employment of any teacher in a special education
16 program authorized by Section 14-1.01 through 14-14.01, or a
17 joint educational program established under Section
18 10-22.31a, shall be under this and the succeeding Sections of
19 this Article, and such employment shall be deemed a
20 continuation of the previous employment of such teacher in
21 any of the participating districts, regardless of the
22 participation of other districts in the program. Any teacher
23 employed as a full-time teacher in a special education
24 program prior to September 23, 1987 in which 2 or more school
25 districts participate for a probationary period of 2
26 consecutive years shall enter upon contractual continued
27 service in each of the participating districts, subject to
28 this and the succeeding Sections of this Article, and in the
29 event of the termination of the program shall be eligible for
30 any vacant position in any of such districts for which such
31 teacher is qualified.
32 (Source: P.A. 90-548, eff. 1-1-98.)
33 (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
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1 Sec. 24A-5. Content of evaluation plans. Each school
2 district to which this Article applies shall establish a
3 teacher evaluation plan which ensures that each teacher in
4 contractual continued service is evaluated at least once in
5 the course of every 2 school years, beginning with the
6 1986-87 school year.
7 The evaluation plan shall comply with the requirements of
8 this Section and of any rules adopted by the State Board of
9 Education pursuant to this Section.
10 The plan shall include a description of each teacher's
11 duties and responsibilities and of the standards to which
12 that teacher is expected to conform.
13 The plan may provide for evaluation of personnel whose
14 positions require administrative certification by independent
15 evaluators not employed by or affiliated with the school
16 district. The results of the school district administrators'
17 evaluations shall be reported to the employing school board,
18 together with such recommendations for remediation as the
19 evaluator or evaluators may deem appropriate.
20 Evaluation of teachers whose positions do not require
21 administrative certification shall be conducted by an
22 administrator qualified under Section 24A-3, or -- in school
23 districts having a population exceeding 500,000 -- by either
24 an administrator qualified under Section 24A-3 or an
25 assistant principal under the supervision of an administrator
26 qualified under Section 24A-3, and shall include at least the
27 following components:
28 (a) personal observation of the teacher in the
29 classroom (on at least 2 different school days in school
30 districts having a population exceeding 500,000) by a
31 district administrator qualified under Section 24A-3, or
32 -- in school districts having a population exceeding
33 500,000 -- by either an administrator qualified under
34 Section 24A-3 or an assistant principal under the
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1 supervision of an administrator qualified under Section
2 24A-3, unless the teacher has no classroom duties.
3 (b) consideration of the teacher's attendance,
4 planning, and instructional methods, classroom
5 management, where relevant, and competency in the subject
6 matter taught, where relevant.
7 (c) rating of the teacher's performance as
8 "excellent", "satisfactory" or "unsatisfactory".
9 (d) specification as to the teacher's strengths and
10 weaknesses, with supporting reasons for the comments
11 made.
12 (e) inclusion of a copy of the evaluation in the
13 teacher's personnel file and provision of a copy to the
14 teacher.
15 (f) within 30 days after completion of an
16 evaluation rating a teacher as "unsatisfactory",
17 development and commencement by the district, or by an
18 administrator qualified under Section 24A-3 or an
19 assistant principal under the supervision of an
20 administrator qualified under Section 24A-3 in school
21 districts having a population exceeding 500,000, of a
22 remediation plan designed to correct deficiencies cited,
23 provided the deficiencies are deemed remediable. In all
24 school districts the remediation plan for unsatisfactory,
25 tenured teachers shall provide for 90 school days of
26 remediation within the classroom. In all school
27 districts evaluations issued pursuant to this Section
28 shall be issued within 10 days after the conclusion of
29 the respective remediation plan. However, the school
30 board or other governing authority of the district shall
31 not lose jurisdiction to discharge a teacher in the event
32 the evaluation is not issued within 10 days after the
33 conclusion of the respective remediation plan.
34 (g) participation in the remediation plan by the
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1 teacher rated "unsatisfactory", a district administrator
2 qualified under Section 24A-3 (or -- in a school district
3 having a population exceeding 500,000 -- an administrator
4 qualified under Section 24A-3 or an assistant principal
5 under the supervision of an administrator qualified under
6 Section 24A-3), and a consulting teacher, selected by the
7 participating administrator or by the principal, or -- in
8 school districts having a population exceeding 500,000 --
9 by an administrator qualified under Section 24A-3 or by
10 an assistant principal under the supervision of an
11 administrator qualified under Section 24A-3, of the
12 teacher who was rated "unsatisfactory", which consulting
13 teacher is an educational employee as defined in the
14 Educational Labor Relations Act, has at least 5 years'
15 teaching experience and a reasonable familiarity with the
16 assignment of the teacher being evaluated, and who
17 received an "excellent" rating on his or her most recent
18 evaluation. Where no teachers who meet these criteria
19 are available within the district, the district shall
20 request and the State Board of Education shall supply, to
21 participate in the remediation process, an individual who
22 meets these criteria.
23 In a district having a population of less than
24 500,000 with an exclusive bargaining agent, the
25 bargaining agent may, if it so chooses, supply a roster
26 of qualified teachers from whom the consulting teacher is
27 to be selected. That roster shall, however, contain the
28 names of at least 5 teachers, each of whom meets the
29 criteria for consulting teacher with regard to the
30 teacher being evaluated, or the names of all teachers so
31 qualified if that number is less than 5. In the event of
32 a dispute as to qualification, the State Board shall
33 determine qualification.
34 (h) quarterly evaluations and ratings once every 30
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1 school days for the 90 school day remediation period one
2 year immediately following receipt of an "unsatisfactory"
3 rating of a teacher for whom a remediation plan provided
4 for under subsections (f) and (g) of this Section has
5 been developed; provided that in school districts having
6 a population exceeding 500,000 there shall be monthly
7 evaluations and ratings for the first 6 months and
8 quarterly evaluations and ratings for the next 6 months
9 immediately following completion of the remediation
10 program of a teacher for whom a remediation plan has been
11 developed. These subsequent evaluations shall be
12 conducted by the participating administrator, or -- in
13 school districts having a population exceeding 500,000 --
14 by either the principal or by an assistant principal
15 under the supervision of an administrator qualified under
16 Section 24A-3. The consulting teacher shall provide
17 advice to the teacher rated "unsatisfactory" on how to
18 improve teaching skills and to successfully complete the
19 remediation plan. The consulting teacher shall
20 participate in developing the remediation plan, but the
21 final decision as to the evaluation shall be done solely
22 by the administrator, or -- in school districts having a
23 population exceeding 500,000 -- by either the principal
24 or by an assistant principal under the supervision of an
25 administrator qualified under Section 24A-3, unless an
26 applicable collective bargaining agreement provides to
27 the contrary. Teachers in the remediation process in a
28 school district having a population exceeding 500,000 are
29 not subject to the annual evaluations described in
30 paragraphs (a) through (e) of this Section. Evaluations
31 at the conclusion of the remediation process shall be
32 separate and distinct from the required annual
33 evaluations of teachers and shall not be subject to the
34 guidelines and procedures relating to those annual
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1 evaluations. The evaluator may but is not required to
2 use the forms provided for the annual evaluation of
3 teachers in the district's evaluation plan.
4 (i) in school districts having a population of less
5 than 500,000, reinstatement to a schedule of biennial
6 evaluation for any teacher who completes the 90 school
7 day 1-year remediation plan with a "satisfactory" or
8 better rating, unless the district's plan regularly
9 requires more frequent evaluations; and in school
10 districts having a population exceeding 500,000,
11 reinstatement to a schedule of biennial evaluation for
12 any teacher who completes the 90 school day remediation
13 plan with a "satisfactory" or better rating and the one
14 year intensive review schedule as provided in paragraph
15 (h) of this Section with a "satisfactory" or better
16 rating, unless such district's plan regularly requires
17 more frequent evaluations.
18 (j) dismissal in accordance with Section 24-12 or
19 34-85 of The School Code of any teacher who fails to
20 complete any applicable remediation plan with a
21 "satisfactory" or better rating. Districts and teachers
22 subject to dismissal hearings are precluded from
23 compelling the testimony of consulting teachers at such
24 hearings under Section 24-12 or 34-85, either as to the
25 rating process or for opinions of performances by
26 teachers under remediation.
27 In a district subject to a collective bargaining
28 agreement as of the effective date of this amendatory Act of
29 1997, any changes made by this amendatory Act to the
30 provisions of this Section that are contrary to the express
31 terms and provisions of that agreement shall go into effect
32 in that district only upon expiration of that agreement.
33 Thereafter, collectively bargained evaluation plans shall at
34 a minimum meet the standards of this Article. If such a
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1 district has an evaluation plan, however, whether pursuant to
2 the collective bargaining agreement or otherwise, a copy of
3 that plan shall be submitted to the State Board of Education
4 for review and comment, in accordance with Section 24A-4.
5 Nothing in this Section shall be construed as preventing
6 immediate dismissal of a teacher for deficiencies which are
7 deemed irremediable or for actions which are injurious to or
8 endanger the health or person of students in the classroom or
9 school. Failure to strictly comply with the time requirements
10 contained in Section 24A-5 shall not invalidate the results
11 of the remediation plan.
12 (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
13 Section 99. Effective date. This Act takes effect July
14 1, 1998.".